[Originating in the Committee on Transportation and
Infrastructure; reported March 7, 2013.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §29-18A-1, §29-18A-2,
§29-18A-3, §29-18A-4 and §29-18A-5, all relating to creating
the West Virginia Commuter Rail Access Act; definitions;
agreement with other states requirement; verifications; and
authorizing a tax credit to a railroad in lieu of payment of
track access fees commencing July 1, 2014.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §29-18A-1, §29-18A-2,
§29-18A-3, §29-18A-4 and §29-18A-5, all to read as follows:

ARTICLE 18A. WEST VIRGINIA COMMUTER RAIL ACCESS ACT.

§29-18A-1. Short title.

This article may be known and cited as the West Virginia
Commuter Rail Access Act.

§29-18A-2. Definitions.

As used in this article, the following words and terms have
the following meanings unless the context clearly indicates
otherwise:

(a) “Commuter rail” means a transit mode that is an electric
or diesel propelled railway for urban passenger train service
consisting of local short distance travel operating between a
central city and adjacent suburbs. Service must be operated on a
regular basis by or under contract with a transit operator for the
purpose of transporting passengers within urbanized areas or
between urbanized areas and outlying areas. The rail service,
using either locomotive hauled or self-propelled railroad passenger
cars, is generally characterized by multitrip tickets, specific
station to station fares or railroad employment practices and
usually has only one or two stations in the central business
district. It does not include heavy rail rapid transit or light
rail/streetcar transit service. Intercity rail service is excluded
except for that portion of service operated by or under contract
with a public transit agency for predominantly commuter services.
Only the predominantly commuter service portion of an intercity
route is eligible for inclusion when determining commuter rail
route miles.

(b) “Heavy rail” means a transit mode that is an electric
railway with the capacity for a heavy volume of traffic. It is
characterized by high speed and rapid acceleration passenger rail
cars operating singly or in multicar trains on fixed rails,
separate rights-of-way from which all other vehicular and foot
traffic are excluded, sophisticated signaling and high platform
loading.

(c) “Light rail” means a transit mode that typically is an
electric railway with a light volume traffic capacity compared to
heavy rail. It is characterized by passenger rail cars operating
singly or in short, usually two-car, trains, on fixed rails in
shared or exclusive rights-of-way, low or high platform loading and
vehicle power drawn from an overhead electric line via a trolley or
a pantograph.

(d) “Predominantly commuter services” means that for any given
trip segment (i.e., distance between two stations), more than fifty
percent of the average daily ridership travels on the train at
least three times a week.

§29-18A-3. Agreements with other states.

Commencing July 1, 2014, the State of West Virginia shall
negotiate agreements with other states to provide commuter rail
operation in West Virginia when there are other states involved in
providing the commuter rail operation.

§29-18A-4. Verification of track access fees.

(a) For a railroad to be eligible to receive a corporate tax
credit under the provisions of this article, a railroad that
provides track access to a commuter rail operation in West Virginia
shall submit an unpaid invoice for the track access fees for the
commuter rail operation in West Virginia to the West Virginia State
Rail Authority.

(b) If there is another state involved in providing the
commuter rail operation, a railroad may not receive a corporate tax
credit under the provisions of this article unless all other states
involved in providing the commuter rail operation have entered into
an interstate agreement that includes operating and capital
expenditure provisions with the State of West Virginia.

(c) Upon receipt by the West Virginia State Rail Authority of
the unpaid invoice for the track access fees for the commuter rail
operation in West Virginia from a railroad, verification of any
interstate agreement if applicable, and verification by the
provider of the commuter rail operation of the track access fees
charged to the railroad, the railroad may take a corporate tax
credit in lieu of payment of the West Virginia portion of the track
access fees.

§29-18A-5. Tax credit fortrack access fees.

(a) Commencing July 1, 2014, a railroad that provides track
access to a commuter rail operation in West Virginia, as verified
pursuant to the provisions of this article, may be given a
corporate tax credit against the corporate net income tax imposed
by the provisions of article twenty-four, chapter eleven of this
code, in an amount equal to the amount of the unpaid track access
fees charged to the commuter rail operation in West Virginia.

(b) If a railroad accepts the corporate tax credit under the
provisions of this article, the railroad is prohibited from
accepting other payment for the track access fees for commuter rail
operation in West Virginia.

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(NOTE: The purpose of this bill is to create the West Virginia
Commuter Rail Access Act.

This bill is new; therefore, strike-throughs and underscoring
have been omitted.)

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FINANCE COMMITTEE AMENDMENT

On page four, section four, line seventeen, by striking out
the word “to” and inserting in lieu thereof the word “by”.